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Slovenia updates

Competition & Antitrust

The Competition Protection Agency recently published the results of a survey on unfair trading practices in the food supply chain, which the agency conducted among suppliers of food products, including producers, purchasers, processing companies and intermediaries. Despite the small number of responses, the agency obtained some useful information on the functioning of the Slovenian food market.

The Competition Protection Agency recently opened an antitrust proceeding against Renault. According to the agency, there are grounds to believe that Renault abused its dominant position on the market for the provision of technical information and technical training to authorised and independent mechanics of its vehicles. Considering that only one year has passed since the agency initiated proceedings against Hyundai Avto Trade doo, the automotive industry appears to be under scrutiny.

The Slovenian courts were recently asked to rule on companies' right to be heard during dawn raids by the Competition Protection Agency. As the Supreme Court's rationale has likely set a precedent for future cases, the agency must now apply a broader interpretation to the existing provision in the Competition Act regarding the right to be heard and include further details in its investigation reports.

The Competition Protection Agency recently issued a final decision accepting Hyundai Avto Trade doo's commitments regarding its alleged anti-competitive behaviour. In the agency's view, the commitments will enhance competition between authorised and independent mechanics and help the agency to monitor the behaviour and compliance of the addressees. The addressees must comply with the decision within three months of its adoption.

In 2015 the Competition Protection Agency initiated proceedings against Hyundai Avto Trade doo and its authorised mechanics. Hyundai Avto Trade has now proposed remedies in order to address the agency's concerns and eliminate the alleged foreclosures on the market. The agency has invited all interested parties to provide comments, opinions and suggestions on the basis of the proposed remedies.

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